RIPON PLANNING COMMISSION MINUTES


RIPON CITY HALL
TUESDAY OCTOBER 9, 2007 - 7:00 P.M.

Pledge of Allegiance: Commissioners pledged allegiance to the flag

Roll Call: Commissioners Garry Krebbs, Donald Berg, Stan Hall, Debra Van Essen, and James Lewis

Absent: Commissioner Mark Winchell

Others Present: Director Ken Zuidervaart, City Attorney Tom Terpstra, City Engineer Kevin Werner, Kim Anderson, Robert Stricler, Lorraine Goff, Bernice Finley, Ginger Eskes, Jesse Anaya, Dan Schalit, Gary McMichael, Diane Correia, Jeff Bond

Minutes: Approval of the minutes of the regular Ripon Planning Commission meeting and workshop of September 11, 2007

Commissioner Berg requested that language in the workshop be changed to read “we decided that the Commission was not going to pursue”.

MOTION: MOVED/SECONDED (HALL/VAN ESSEN) AND CARRIED BY A 5-0 VOTE TO APPROVE THE MINUTES AS AMENDED OF THE SEPTEMBER 11, 2007 PLANNING COMMISSION MEETING AND WORKSHOP

Public Discussion: Chairman Lewis explained the public discussion process and asked if anyone would like to speak.

No one wished to speak at this time.

1.0 PUBLIC HEARING

Chairman Lewis explained the public hearing process.

Chairman Lewis said that staff has requested that General Planning Item 2.1 be brought before the Commission first and made the change.

The Public Hearing was then closed until after the General Plan Item 2.1

2.0 GENERAL PLANNING

2.1 MAJOR SITE REVIEW (SR07-04) for Jesse Anaya. This is a request to construct a 4,500 square foot metal building for private commercial vehicle storage located at 534 N. Frontage Rd. on an 11,000 square foot parcel in the mixed use district. This project is Categorical Exempt from CEQA (Sec. 15300).

Director Zuidervaart introduced the staff report into the record along with the findings and conditions of approval.

Director Zuidervaart said that this is a request to construct a 4,500 square foot metal building within the Mixed Use District. Director Zuidervaart then explained the location and general area of the project. The exterior of the building will have a stucco finish and will be used for the purpose of storing his Company vehicles. Company employees will park their Company vehicles within the building when not in use. There are two driveway approaches for access to the site per City of Ripon Standards and there is 17% landscaping being provided. The site will be enclosed with a wrought iron fence.

Director Zuidervaart said that the project was brought before the Project Review Committee on October 1, 2007 to discuss the concerns and conditions of approval. Director Zuidervaart showed the Commission pictures of the site as it exists today and how this project would improve the area.

Director Zuidervaart also showed pictures of the building without the stucco.

Director Zuidervaart said that should the Planning Commission agree with the findings and conditions of approval staff would recommend that they approve the Major Site Review subject to the conditions of approval.

Commissioner Van Essen asked what kind of business Mr. Anaya had and Director Zuidervaart said that he would refer this question to the applicant but believes that Mr. Anaya is a contractor and his business involved construction of portable classrooms. He then said that the construction of the classrooms would not occur at this site just the parking of the vehicles.

Commission Hall asked about the setback of the building on the east corner of the lot asking if it was 5’ from the fence.

Director Zuidervaart said that the fire department reviewed the plans and is O.K. with the setbacks as proposed. He said that the fence is at the back of the sidewalk.

Commission Hall asked if this meets the code and Director Zuidervaart said that this setback can be varied in industrial type lots as long as the fire department is in approval.

Commissioner Krebbs asked what the setback is as he does not believe the site is to scale.

Applicant Jesse Anaya (5153 Covert Rd. Salida) said that there is an easement at the back of the property for the City and showed this on the diagram.

Commissioner Berg asked what the distance was between the fence and the building and Mr. Anaya replied that it was a couple of feet only.

Commissioner Krebbs stated that if the fire department were called out there a wrought iron fence would be hard to get through and Mr. Anaya replied that there will be a gate at this location for the fire department to get through.

MOTION: MOVED/SECONDED (VAN ESSEN/BERG) AND CARRIED BY A 5-0 VOTE TO APPROVE MAJOR SITE REVIEW (SR07-04) FOR JESSE ANAYA BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF THE STAFF REPORT

1.0 PUBLIC HEARING

1.1 CONDITIONAL USE PERMITS (UP07-04)//(UP07-05)and MAJOR SITE REVIEWS (SR07-13)//(SR07-14) for Ripon Crossing Corporation a public hearing on a request to construct four buildings totaling 43,005 square feet on four separate parcels totaling 6.40 (+/-) acres located at 702 N. Jack Tone Rd. in the Mixed Use district. The project site includes a 22,670 square foot retail building with outdoor storage; a 4,500 square foot gas station with 24-hour convenience market and drive thru window; a 3,340 square foot Car Wash facility; and a 12,495 square foot Retail Tire Center. A Mitigated Negative Declaration (PEA07-30) is recommended for this project.

Director Zuidervaart explained that these are separate projects but the City has chosen to lump them together because they are within a Shopping Center. Director Zuidervaart then introduced the staff report into the record along with the findings and conditions of approval.

Director Zuidervaart then said that this is a request to construct four buildings totaling approximately 43,000 square foot on four separate parcels totaling approximately 6.4 acres located at 702 N. Jack Tone Road in the Mixed Use District. Director Zuidervaart said that the site is bound by Jack Tone Road on the west, Kamps Way on the east, Canal Boulevard on the south, and the City of Ripon’s water tower site on the north. The project is to include a 22,670 square foot retail building with an outdoor storage area, a 4,500 square foot gas station with a convenience market and drive through window, a 3,340 square foot car wash facility, and a 12,495 square foot retail tire center.

Director Zuidervaart said that although each user is on their own parcel and have separate permits, the City has chosen to process this project together, along with the Environmental Document, because it is being developed as a shopping center.

Director Zuidervaart said that the first applicant for the site is for a 22,670 square foot retailer known as Tractor Supply. The facility will be a split face concrete block building with a fenced outdoor display area that will also be used for loading and unloading of larger merchandise. The outdoor display area will be located closest to Kamps way. The façade of the building will resemble somewhat of a barn along with trellis that extends the entire length of the front of the building. The columns will be wrapped in brick veneer. This building is located on approximately 3.19 acres and there will be approximately 12% of landscaping which is slightly over the City’s standard. The landscaping will be on the east and west sides of the facility to buffer and enhance the block building. The back of the building will be mostly blocked from view by the City’s water tower and well site.

Director Zuidervaart said that access to the site is provided by six (6) commercial driveway entrances, two on Kamps Way directly to their site and the other four are located of the Jack Tone Road and Kamps way which access the entire shopping center. Director Zuidervaart said that this site will have 105 parking spaces of which 5 will be handicap spaces. This exceeds the minimum parking required by the City Standards. All stall meet the standard dimensions.

Director Zuidervaart said that although no bike racks have been indicated on the site plan, the applicant will be required to provide them per City of Ripon Standards.

Director Zuidervaart explained that a Use Permit was required for this building because of the outdoor display area, and the use permit is to ensure that the display area is maintained in a neat and orderly fashion.

Director Zuidervaart then said that the second applicant for this site is for a 4,500 square foot service station and convenience market with a drive-thru window for coffee service. The architecture of the facility consists of a stucco building with brick veneer along the bottom and brick wrapped columns. The entrances will have a similar design style as the Tractor Supply. The fueling facility will have a covered canopy and consists of five islands for fueling. This is located on approximately 1.12 acres and will have 13% landscaping that will be located on the south and north side of the facility to help buffer and enhance the stucco building. The back side of the facility will also have a secondary entrance feature, which will make the facility look as it has two fronts.

Director Zuidervaart then described the access to the site and said that there is a trash enclosure indicated on the site plan.

Director Zuidervaart said that a use permit is required for this facility because it will operate as a 24 hour facility and the use permit is to ensure the safety of our community. If the 24-hour operation becomes problematic the use permit gives the City the means to correct any issues, including restricting hours of operation.

Director Zuidervaart then said that the third applicant for this site is for a 3,340 square foot car wash facility known as Prime Shine and the building will be a stucco building with foam parapet trim and steel truss elements for architectural enhancements. This site is approximately .66 acre and will have 26% landscaping which far exceeds the City’s standard. The landscaping will be on the south side of the building to buffer and enhance the stucco building from one of the main drive isles. Director Zuidervaart then described the access to the site and said that the facility would have eleven total parking spaces of which one will be handicap which exceeds the required by City Standards. There will also be one trash enclosure on the site.

Director Zuidervaart said that the fourth applicant for this site is for a 12,495 square foot retail tire center known as Les Schwab. The facility will be a split face concrete block building and will have eight service bays with one covered carport type bay on one end, along with a small retail/office portion.

Director Zuidervaart said that this site is approximately 1.43 acres of which 12% will be landscaped. The applicant has indicated on the plan that the east side of the facility will have heavy landscaping as to buffer and enhance the block building. Director Zuidervaart then described the access to the site and said that there will be 41 parking spaces, 39 standard and 2 handicap which exceed the required local City Standards. The site will have one trash enclosure as indicated on the site plan.

Director Zuidervaart explained that the entire site went through an architectural review process with the Development Agreement Committee and all applicants have designed their facilities to not necessarily match each other, but compliment each other with their color schemes and building designs and materials.

Director Zuidervaart described the entrances to the site and landscaped medians. The driveway entrance3s and exists along Jack Tone will be designed to allow only right-out turning movements, so as to eliminate any safety concern of cross traffic on this busy road.

Director Zuidervaart said that on October 1, 2007 a meeting was held with the project review committee to discuss concerns and conditions of approval. The comments and conditions of approval received during the review period have been incorporated in the staff report where appropriate with the exception of the Caltrans Comment. Director Zuidervaart then said that the City of Ripon currently collects fees for Regional Transportation Impact Fees and these fees are passed along to the County for such Main Line improvements. The City also participates in the Measure K Program which is a ½ cent sales tax initiative which also provides some funding for Main Line improvements as well. Director Zuidervaart said that Caltrans also was involved in the design and construction of the Jack Tone interchange, which was specifically designed with these increased traffic loads as criteria and therefore staff believes the analysis of traffic impacts is adequate, and further study is not needed.

Director Zuidervaart then said that should the Planning Commission agree with staff’s recommendation, the Planning Commission could approve the use permits UP07-04 for Tractor Supply, and UP07-05 for the Gas Station/Convenience Market, and approve the Prime Shine Site Plan and Les Schwab site plan permit based on the findings and subject to the conditions of the staff report. Director Zuidervaart then said that the Planning Commission could also adopt the Mitigated Negative Declaration PEA07-30 for the project.

Director Zuidervaart then asked if the Commission had any questions.

Commissioner Krebbs asked if the round-about would be in place prior to development of the project and Director Zuidervaart replied yes and that the only offsite improvement that will not be developed at this time is the Frontage Road which will be development with Phase II.

Commissioner Van Essen asked if Prime Shine and Les Schwab would look like their usual store design and Director Zuidervaart replied no that these stores would have unique designs for this site.

Commissioner Berg asked if the Service Station was to serve small traffic or for trucks too and Director Zuidervaart replied that it is not designed for trucks.

Commissioner Van Essen said that her only two concerns were with the 24-hour use and the drive-thru facility stating that if it is a convenience market don’t they want customers to come into the store. Commissioner Van Essen questioned why we would need another drive-thru in town.

Director Zuidervaart replied that he believes the drive-thru is a new concept and it is designed for coffee service.

John Glikbarg (Village Properties) said that he is the applicant on these projects and that they have worked hard with staff and the Development Agreement Committee to come up with great users and come to a common design theme. Mr. Glikbarg then said that they are in complete agreement with the conditions of approval in the staff report.

Dale Boyette (Boyette Representative) said that they currently own and operate 35 gas stations and have always wanted to be in Ripon on the town side. Mr. Boyette said that they have put together an excellent site and the reason for the 24-hour is because of competition as the sites on the other side of the freeway are 24-hour service centers and in order for them to be competitive they need to be able to do the same. Mr. Boyette then said that the drive-thru is a new concept and many buildings are doing co-branding. He said that their location in Modesto has a coffee center separate from the convenience market and they would like to have one that is part of the building so it will look more cohesive. Mr. Boyette then said that customers do not need gas every day but most like their coffee every day.

Chairman Lewis asked if they would provide service to those that did not wish to pump their own gas and Mr. Boyette replied that this service is only available for a disabled person.

Commissioner Van Essen asked if this facility would look similar to Les Schwab and Prime Shine and Mr. Boyette replied that they are looking at a couple of Brands for the gasoline portion. He then said that Cruisers is the convenience market section, which is a high end facility and they were proud to get the first one opened just recently in Modesto.

Commissioner Hall asked if the station would provide both diesel and gas fuel and Mr. Boyette replied that there will be diesel fuel available but not to serve trucks.

Commissioner Van Essen asked if there would be clear signage that they will not service large trucks and Mr. Boyette replied that they would not necessarily have signage that says they won’t serve large trucks.

Commissioner Krebbs said that he has the same question for staff regarding roundabouts. Director Zuidervaart replied that the City discussed signage at the roundabout and that City Engineer Werner could discuss the Roundabout and safety issues.

City Engineer Werner said that the engineer for Village Properties prepared a study and that trucks that are 65 feet long could make the turn through the roundabouts safely. He then said that it will be easier for trucks to turn around in a roundabout rather than at an intersection.

Commissioner Krebbs asked what is the largest size of trucks today and City Engineer Werner replied that there are trucks that are larger than 65’. Engineer Werner then commented that Jack Tone Road is a truck route and trucks may be going down Jack Tone Road.

Chairman Lewis asked if there were any other individuals that would like to discuss their projects and Mr. Glikbarg replied that they were not planning on doing a full presentation because most of the information was covered by Director Zuidervaart.

Commissioner Berg asked if the landscaping would be like the Save Mart Shopping Center as that is very nice and Director Zuidervaart replied that Save Mart was under the old standards and these sites have slightly more landscaping than required but without looking at Save Marts plan, they may have done more than required also.

Commissioner Hall asked if the landscaping shown on the site plan for lots 5, 6 and 7 were conceptual and Director Zuidervaart replied yes that these parcels would show their landscaping when the lots are developed.

Chairman Lewis asked if Village Properties would be involved in the remainder of the properties and Mr. Glikbarg replied yes.

Chairman Lewis asked what Village Properties role is in the roundabout and Mr. Glikbarg replied that they were required to design the roundabout and are bearing the cost of constructing it. He then said that the roundabout needs to be done as part of their Phase I per the Development Agreement.

Director Zuidervaart informed the Commission that some of the offsite work has already been done such as the widening of Canal Boulevard where Village Properties worked with the other property owner to complete this.

Director Zuidervaart then said that there was going to be a median down Jack Tone Road but because of the residents on the west side of Jack Tone it has been redesigned with breaks.

Chairman Lewis asked if their can be a condition that says that the City will investigate the roundabout and will be satisfied with the condition of the roundabout.

Director Zuidervaart replied that the City has been working with their engineer on the roundabout.

Commissioner Van Essen asked if this will be a completed roundabout rather than like the one that is on North Ripon Road and City Engineer Werner replied that this will also be an interim roundabout until the west side develops. He then said that it is difficult to tell what the largest size truck that could go through the roundabout would be but trucks turning at a roundabout would have an easier time than at an intersection. A 65’ truck would be one going through a full u-turn process.

Chairman Lewis asked what if the truck can not make the full u-turn and Director Zuidervaart replied that they would most likely do what they are doing now. He then said that the City is looking at signage at the top of the overpass but that Jack Tone Road is a truck route and trucks have a right to go this way.

Chairman Lewis asked if trucks can go all the way down Jack Tone to Main Street and Director Zuidervaart replied yes that they would then turn west onto West Ripon Road.

PUBLIC HEARING OPENED

Proponents: None

Opponents:

Robert Stricler (23025 S. Jack Tone Rd) said that he is not opposed to the project but had a question for the tire store. He then asked what direction the openings of the bays would face as he knows how noisy air guns can be and his property is across the street.

Director Zuidervaart replied that the bays face toward the west towards Jack Tone Rd.

Mr. Stricler said that at the design meeting he had brought up the fact that the median down the middle of Jack Tone Road would cut off access to his residence as well as his neighbors and that he is glad to see that this was addressed. He then said that he has no problems with the project other than the air guns and there is nothing that can be done about this.

Chairman Lewis mentioned that the City does have a noise ordinance.

George Burton (Les Schwab Tires) said that their hours of operation would be 7:00 a.m. to 7:00 p.m. Monday through Saturday.

Chairman Lewis asked if there was a sound issue and if the door would be open during operation of the air guns and Mr. Burton replied that the doors of the bays are open but that all work is done inside the bays.

Kim Anderson (628 Rebekah Ct) said that she also is not in opposition of the project but her main concern is the 24-hour operation of the gas station and convenience Market. Mrs. Anderson went on to say that although this use might not create a problem but it could set precedence for future uses. She said that she would not want to see a 24-hour Jack in the Box on the next site. She then said that she also does not like the idea of a drive thru. Mrs. Anderson then said that the staff report was excellent.

Rebuttal:

Mr. Glikbarg thanks the residents for staying involved and that he appreciates their input. Mr. Glikbarg said that the 24-hour operation is a competitive necessity for the operation of the station. Mr. Glikbarg then said that any other use requesting 24 hour operation would be required to go through the use permit process as well. Mr. Glikbarg said that this gas station is set back away from the residential properties and there is a left turn in but not a left turn out design.

Dan Schalit (Project Manager) said that between the Les Schwab Tire store and Jack Tone is the gas station and landscaping which would create a noise buffer.

PUBLIC HEARING CLOSED

Commissioner Krebbs said that the biggest issue is the 24 hour operation and that he understands that this business would have to be able to be competitive with the other gas stations across the highway and so he understands the need for the use permit.

Chairman Lewis asked if the Use Permit was subject to review and Director Zuidervaart replied yes, if they were to become problematic.

Commissioner Hall asked about signage and Director Zuidervaart replied that signage is under separate application and will have to comply with our sign regulations.

MOTION: MOVED/SECONDED (KREBBS/BERG) AND CARRIED BY A 5-0 VOTE TO ADOPT THE MITIGATED NEGATIVE DECLARATION (PEA07-30) AND APPROVE CONDITIONAL USE PERMIT (UP07-04) FOR TRACTOR SUPPLY, USE PERMIT (UP07-05) FOR THE GAS STATION/CONVENIENCE MARKET AND APPROVE MAJOR SITE REVIEW (SR07-13) FOR PRIME SHINE AND MAJOR SITE REVIEW (SR07-14) FOR LES SCHWAB TIRES BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF THE STAFF REPORT

Commissioners' Reports:

Commissioner Van Essen said that she read some of the report that was provided to the Commission from Chairman Lewis on the Regional Project Report. Chairman Lewis said that he and Director Zuidervaart attended the Blue Print Meeting some time ago and thought this information was good.

Chairman Lewis said that in a recent article in the Modesto Bee there was an article on Measure E for Stanislaus County regarding urban sprawl.

City Attorney's Reports: None
Director's Reports:

Director Zuidervaart said that there were a couple of projects that would be at next months meeting and then thanked Mrs. Anderson for her comment on the quality of the staff report.

Adjournment: There being no further discussion the meeting was adjourned at 8:20 p.m. to the next regularly scheduled meeting of November 13, 2007



(Signed) James Lewis, Chairman



ATTEST:

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(Signed) Ken Zuidervaart, Secretary